Question
There are a few items in the Residential Lease that should be corrected . there is 1 major issue and 3 or 4 minor issues
There are a few items in the Residential Lease that should be corrected . there is 1 major issue and 3 or 4 minor issues that need to be changed in the Residential Lease.
Find the 1 major issue and identify at least 2 other issues (they are minor in nature) - to be clear, you are trying to identify items/terms in the Residential Lease that are contrary and/or inconsistent with the guidance and directives set forth in the Residential Lease Checklist - so if the Residential Lease Checklist says smoke detectors should be checked every 6 months, but the form Residential Lease states every 12 months, then that would be 1 minor issue.
this notice is mailed at least fifteen (15) days prior to the date of moving, then the tenant has a right to be present when the landlord or his agent inspect the premises in order to determine if any damage was done to the premises. Upon receipt of this notice, the landlord is required to notify the tenant by certified mail of the time and date when the premises are to be inspected. Inspection shall occur within five (5) days before or five (5) days after the date of moving stated in the tenant's notice. 4. Under Maryland law, a receipt must be given to every tenant making a rental payment in the form of cash. 5. The tenant may not defeat the purpose of the security deposit by using the deposit as the last month's rent, under Maryland law. 6. The name, address and telephone number of the owner of the property are as follows: OWNER: Phone: THE TENANT ACKNOWLEDGES THAT THEY HAVE HAD THE OPPORTUNITY TO OBTAIN THE ADVICE OF AN ATTORNEY IN THE NEGOTIATION AND EXECUTION OF THIS LEASE AGREEMENT AND, THEREFORE, IT IS EXPRESSLY AGREED BY THE TENANT THAT THIS LEASE AGREEMENT SHALL NOT BE CONSTRUED AGAINST THE LANDLORD, BUT SHALL BE INTERPRETED IN ACCORDANCE WITH A FAIR CONSTRUCTION OF THE LAW.21. JOINT AND SEVERAL LIABILITY. The covenants, promises and agreements herein shall be joint and several obligations of each Tenant party. The covenants, terms, and provisions contained herein shall inure to the benefit of and be binding on the heirs, personal representatives, executors, administrators, successors and permitted assigns of the respective parties hereto. 22. APPLIANCES/FIXTURES/HIVAC. The personal property and/or appliances leased with the demised premises, and covered by the terms of this Lease Agreement are as follows: stove, refrigerator, microwave, and other appliances. The Tenant shall be responsible at Tenant's sole cost and expense for the replacement, maintenance and repair of all appliances in the demised premises and the replacement, maintenance and repair of the heating, ventilation, and air condition systems in the demised premises ("HVAC"). Tenant shall obtain at Tenant's sole cost and expense an annual maintenance contract with a local licensed company for standard maintenance and repair of the HVAC system. Tenant shall provide Landlord with a copy of such contract. Tenant shall be responsible, at Tenant's sole cost and expense, for the replacement of any appliance or any or all of the HVAC system that needs to be replaced 23. TENANT'S DEFAULT. If the Tenant shall be in default of payment of rent when due or shall be in default of performance of any other condition of this Lease Agreement for a period of five (5) days, then the Landlord may serve upon the Tenant notice of its intent to terminate this Lease Agreement and a notice to quit, and the Tenant hereby agrees that such notices shall effectively operate to terminate the Lease Agreement and the term hereunder shall be considered to have expired thirty (30) days from receipt of the aforesaid notices. The Tenant shall thereafter be considered a tenant holding over beyond the termination of the Lease Agreement. The Landlord may reenter the demised premises after the expiration of the thirty (30)-day period, and may avail itself of any further remedy it has under the laws of the State of Maryland. The Tenant further agrees that they shall be responsible for payment of rent for the period of time between receipt of the notices aforesaid and termination of the Lease Agreement. Notwithstanding anything in this Lease to the contrary, in the event the Tenant fails to pay rent when the same shall be due and payable, the Landlord shall have the right (in addition to any other rights under this Lease or provided by law) to avail itself of and implement any and all summary eviction proceeds provided for under Maryland law. To the extent permitted by law, in the event of a default by Tenant under this Lease, and after 15-days advanced written notice to the Tenant, the Landlord shall have right to accelerate the entire remaining balance of the rent due under this Lease for the remaining term of this Lease unless Tenant shall have cured such default within such 15-day period. 24. ADDITIONAL RENT. All charges, expenses, indemnifications and other amounts of any kind over and above the rent set forth in paragraph 1. above that the Tenant assumes or agrees to pay (regardless of whether they were to be paid directly to the Landlord or not) under any of the provisions of this Lease Agreement, together with all interest, penalties and late charges that may accrue thereon, if applicable, shall be deemed to be, and shall be collectible as. additional rent due under the terms of this Lease Agreement. In the event of nonpayment of additional rent as herein described, in addition to all other remedies at law or equity for collection thereof. the Landlord shall be allowed all remedies allowed under Maryland Law for nonpaymentof rent by a Tenant. 25. RECEIPT OF LEASE AGREEMENT/LEAD BASED PAINT. BY SIGNATURE HERETO, THE TENANT ACKNOWLEDGES RECEIPT OF (1) A FULLY EXECUTED COPY OF THIS LEASE AGREEMENT, (II) THE ENVIRONMENTAL PROTECTION AGENCY'S PAMPHLET ENTITLED "PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME", AND (III) THE MARYLAND DEPARTMENT OF THE ENVIRONMENT'S PAMPHLET "NOTICE OF TENANTS' RIGHTS". 26. SUBORDINATION. The Tenant's rights under this Lease Agreement shall be subordinate to the operation and effect of any mortgage, deed of trust or other security instrument, now or hereafter existing, upon all or any part of the demised premises, or any renewal or modification of any such mortgage, deed of trust or security instrument. 27. MISCELLANEOUS. A. This Lease Agreement constitutes the entire agreement between the parties, and it supersedes all prior discussions, understandings or agreements. B. Failure by the Landlord to insist upon or enforce any of its respective rights hereunder shall not constitute a waiver thereof. Any waiver of rights by Landlord hereunder must be in writing and signed by the Landlord. Any waiver by the Landlord of any breach by the Tenant hereunder shall not constitute a waiver in the case of any subsequent breach. The Tenant consists of two individuals, and it is agreed that their liability under this Lease is joint and several. C. The paragraph headings as herein used are for convenience or reference only and shall not be deemed to vary the content of this Lease Agreement or the covenants, agreements, representations and warranties herein set forth or to limit the provisions or scope of any paragraph. D. Time shall be of the essence with respect to each and every provision of this Lease Agreement. TENANT: TAKE NOTICE 1. Under Maryland law, if a landlord imposes a security deposit, upon the written request of a tenant made within fifteen (15) days of the tenant's occupancy, the landlord must provide the tenant with a written list of all damages existing at the commencement of the tenancy. 2. Under Maryland law, the landlord must provide the tenant with a written receipt for any security deposit, unless receipt of such security deposit is acknowledged in the Lease Agreement. 3. Under Maryland law, upon termination of this tenancy, if the tenant notifies the landlord by certified mail of his intention to move, the moving date, and his new address, andliability or damages for such accounts. 12. PLACEMENT OF TELEPHONES. The Landlord will not allow telephones to be placed anywhere other than the places that have been provided. The cost of correcting any such deviation will be charged against the Tenant as additional rent. 13. ENTRY BY LANDLORD. The Landlord, its representatives, contractors and/or agents may enter the demised premises at any reasonable time for the purpose of inspecting said demised premises for any reason, or for the purpose of performing any work which the Landlord elects to undertake or made necessary by reason of a Tenant default under this Lease Agreement, or for the purpose of performing any alterations or improvements the Landlord may deem advisable or desirable. Rent shall not abate by reason of any such entrance, and such entrance will not be deemed an eviction of the Tenant. The Landlord shall have the right to show prospective tenants or purchasers the demised premises at any time during the lease term, and the Landlord shall have the right to place "FOR SALE" or "FOR RENT" signs thereon, which will remain undisturbed by the Tenant. 14. DESTRUCTION OF DEMISED PREMISES. If the demised premises are rendered totally unfit for human occupancy during the lease term by fire not caused by negligence of the Tenant, tempest, the acts of rioters or public enemies, unavoidable accidents or an act of God, then this Lease Agreement shall immediately terminate. 15. ASSIGNMENT AND SUBLEASES. The Tenant shall not assign or encumber this Lease Agreement, nor sublet or permit the demised premises or any part thereof to be used by others, without the prior written consent of the Landlord, which may be withheld or conditioned in the Landlord's sole and absolute discretion. The Landlord may consider such factors as business, occupation, reputation and the economic ability to pay rent of the proposed subtenant. If the Lease Agreement is assigned, or the demised premises are sublet with the Landlord approval, the Tenant herein shall remain primarily liable for the payment of rent herein reserved, and for performance of all other lease terms. In no case will subleasing be allowed where it would increase the occupancy level above that maximum allowed by this Lease Agreement. unless, in the opinion of the Landlord, it would not cause overcrowding. If the maximum occupancy level set in this Lease Agreement is surpassed at the Landlord's consent, it will only be done at an increased rental which is to be arrived at by the parties hereto, at such time as the question of exceeding maximum capacity allowed under this Lease Agreement is decided. In the event the Tenant should sublease the demised premises on approval of the Landlord and for rent which is greater than provided in this Lease Agreement, then any excess rent shall be payable to the Landlord. 16. OCCUPANCY LEVELS. The maximum occupancy level of the demised premises shall be persons. not including unborn children of the Tenant or periodic visitors. A visitor is a non-paying guest who resides at the demised premises upon the invitation of the Tenant for a complete duration of time of less than thirty (50) days per person per year. If any such person shall reside at the demised premises for a period of time in excess of the above, such person shall be considered a sublessee having not received proper written approval of the Landlord. ANY7. COSTS AND EXPENSES OF TENANT'S DEFAULT. The Tenant shall pay and indemnify the Landlord against all legal costs and charges, including reasonable attorneys' fees, incurred by Landlord in the case of Tenant's default hereunder, in obtaining possession of the demised premises after a default of the Tenant, or incurred for enforcing any covenant of the Tenant herein contained. 8. ALTERATION PROHIBITED. No alteration, addition or improvement, however minor, including, but not limited to, interior painting to the structure or appearance of the demised premises shall be made by the Tenant without written consent of the Landlord. Any alteration, addition, or improvement shall be made only upon the conditions set forth in said consent. The Tenant shall indemnify the Landlord against any mechanics' lien or other lien arising from said alteration, repair or addition. Notwithstanding the foregoing, the Tenant may install mirrors, pictures, or other similar items of decor upon the walls of the demised premises; provided that such is done in a neat and orderly manner and provided that on or before the date of termination of this Lease Agreement, Tenant removes all such items from the walls and appropriately patches and paints any and all holes made in the walls. 9. USE OF DEMISED PREMISES. The Tenant shall not use or knowingly permit any part of the demised premises to be used for any unlawful purpose. The Tenant shall not do or permit anything to be done upon the demised premises which is in violation of any fire insurance policy thereon, or which would adversely affect the premiums on said policy. The Landlord is not responsible for any damage occurring to the personal property of the Tenant, and the Tenant must provide their own insurance protection against the same. The demised premises shall be used as a residential dwelling and may not be used for any other purpose. In addition, Tenant shall not cause or permit to be caused any damage, destruction, or waste to the demise premises. Tenant shall be obligated to take all necessary steps to prevent such damage, destruction, and/or waste to the demised premises. ANY VIOLATION OF THIS PARAGRAPH 9 SHALL BE DEEMED A MATERIAL BREACH OF THIS LEASE AGREEMENT AND SHALL THEREAFTER ENTITLE LANDLORD TO ALL REMEDIES IT MAY HAVE IN CONNECTION WITH SUCH BREACH. 10. TERMINATION AND SURRENDER OF POSSESSION. At the termination of the lease term, the Tenant shall surrender the demised premises in a first-class rentable condition, and in as good a condition as it was at the beginning of the Lease term, reasonable use and wear excepted, it being understood and agreed that Tenant shall be responsible for the cleaning of the demised premises prior to the surrender thereof. Tenant's failure to comply with the provisions of this paragraph 10 shall entitle Landlord to take such steps on Tenant's behalf and to collect the costs and expenses thereof from the Tenant as additional rent hereunder. 11. UTILITIES. The Landlord shall not be required to furnish to the Tenant any facilities. such as, but not limited to, cable, oil, gas, electricity, light, telephone and power. The Tenant shall pay all charges for the above noted services, and all other services rendered, used, or supplied upon or in connection with the demised premises. All such service charges shall be paid directly to the supplier thereof, and the Tenant shall indemnify the Landlord against anyas may be designated by the Landlord, or as may be agreed upon between the Tenant and the garbage collector, where applicable. Tenant will maintain the demised premises in good condition and shall keep the demised premises free and clear of debris. E. The Landlord shall retain a key to the demised premises. No lock will be changed or a new lock installed without the prior written consent of the Landlord, and an additional key provided for the use of the Landlord. F. It shall be the responsibility of the Tenant to check the working order of all smoke detectors in the demised premises and report any malfunction to Landlord. Tenant acknowledges at the time of taking possession of the demised premises that there are no smoke detectors currently installed in the demised premises and that they are in good working order. G. The Tenant agrees that the Landlord may amend, modify, delete or add new and additional reasonable rules and regulations for the use and care of the demised premises. The Tenant agrees to comply with such added rules and regulations upon notice from the Landlord in writing, or upon posting of the same on the demised premises. In addition, Tenant agrees to comply with any and all covenants and restrictions that may be applicable to the demised premises. It shall be a material breach of this Lease Agreement if Tenant violates the terms of this paragraph 5. H. The sidewalks and entrances shall not be obstructed by the Tenant or used by them for any other purposes than those of ingress to and egress from their residence. In addition, the Tenant shall be responsible for the removal of ice and snow from the sidewalks, driveways, steps and porches, as the case may be, belonging to the demised premises. Additionally, if there is a lawn or other landscaping, it shall be the responsibility of the Tenant to maintain the lawn at less than three (3) inches in height and to maintain and care for the shrubbery, trees and landscaped areas of the demised premises in a good and orderly fashion in conformance with the community standards. 1. At no time will the Tenant store or garage any vehicle upon the demised premises, or upon any land owned by the Landlord, unless said vehicle is in operating condition and licensed In addition, at no time will the Tenant store any recreational type vehicle such as boats, boat trailers and campers or any other similar vehicle upon the demised premises or upon any land owned by the Landlord without the express written consent of the Landlord. A temperature of at least 60 degrees shall be maintained at all times within the residence. Tenant shall immediately notify the Landlord in writing of any problems with the demised premises and/or the appliances contained herein; provided, however, that the providing of notice to the Landlord as set forth herein shall not otherwise relieve or release the Tenant from Tenant's obligation to repair and fix the same as otherwise provided in this Lease. 6. QUIET ENJOYMENT The Tenant, upon payment of the rent herein reserved, and upon performance of all the terms of this Lease Agreement, shall peaceably and quietly enjoy the demised premises without disturbance from the Landlord.VIOLATION OF THIS PARAGRAPH 16 SHALL BE DEEMED A MATERIAL BREACH OF THIS LEASE AGREEMENT AND SHALL THEREAFTER ENTITLE LANDLORD TO ALL REMEDIES IT MAY HAVE IN CONNECTION WITH SUCH BREACH. 17. LATE PAYMENT. Acceptance of rent in arrears from the Tenant by the Landlord does not cure the Tenant's default for late payment. WHERE ANY PAYMENT DUE HEREUNDER IS RECEIVED BY THE LANDLORD AFTER THE DUE DATE FOR SUCH PAYMENT, THERE SHALL BE A LATE PAYMENT CHARGE OF FIFTY DOLLARS ($50.00) PER OCCURRENCE, WHICH LATE FEE MUST ACCOMPANY THE LATE PAYMENT BEING MADE. In any event, where a monthly payment shall be in excess of five (5) days late, the Landlord may, at its option, terminate this Lease Agreement. 18. INDEMNIFICATION. The Landlord shall not be liable for, and the Tenant agrees to indemnify and hold the Landlord harmless for, any personal injury to the Tenant or their agents, employees, visitors, invitees or subtenants, or any other user of any part of the demised premises, nor shall the Landlord be liable for any damage to any property of the above, unless such injury or damage shall be the direct result of the sole negligence, fault, misconduct, or omission of the Landlord or his agents and shall occur within some area not under the exclusive control of the Tenant. 19. SECURITY DEPOSIT. The Tenant shall pay to the Landlord at the time of signing this Lease Agreement a security deposit in the amount of four times the amount of the monthly rent due under this Lease. The Security deposit is to secure the Tenant's full and faithful performance of the terms of this Lease Agreement. The security deposit, or any portion thereof, may, at the Landlord's option, be withheld for unpaid rent, damages due to breach of Lease Agreement, or for damages to the demised premises by the Tenant, their family, agents, employees, invitees or social guests in excess of ordinary wear and tear. If any portion of the security deposit is withheld, the Landlord will present by first-class mail to the last known address of the Tenant, within thirty (30) days of the termination of the Lease Agreement, a written list of the damages claimed, together with a statement of the costs actually incurred. 20. CONSTRUCTION OF LEASE. This Lease Agreement shall be governed by, construed, and enforced in accordance with Maryland law, without regard to principles of conflict of laws. In construing this Lease Agreement, the feminine and the neuter shall be substituted for the masculine in form, and vice versa, and plural terms shall be substituted for singular and singular for plural where the context requires. If any provision of the Lease Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect and the provision considered invalid as written shall be construed so as to give the Landlord the greatest protection or rights which he may have or to which the parties may have agreed under Maryland law. This Lease Agreement contains the entire agreement between the parties, and cannot be changed or modified, unless by written agreement signed by all the parties hereto. Any remedies of the Landlord specified herein for breach of any of the terms herein are cumulative, and are not intended to be exclusive of any other lawful remedies.reason by Tenant's bank. 3. CONDITION OF DEMISED PREMISES. The Tenant shall accept the demised premises in its "as is" condition, and Tenant's occupancy of the demised premises shall be deemed Tenant's acceptance and agreement that the demised premises is fit for occupancy and otherwise meets the terms and conditions of this Lease Agreement. In no event shall Landlord be liable for any defects in such property or for any limitation on its use. Neither Landlord, nor its agents, have made any warranties, statements or representations with respect to the demised premises, except as are expressly set forth in this Lease Agreement. 4. POSSESSION. Landlord shall not be liable for failure to give possession of the demised premises to Tenant at the commencement of the lease term if such failure is due to the fact that the demised premises are, in Landlord's opinion, not ready for occupancy, or are being held over by a prior tenant, or in the wrongful possession of some other person, or is not available for any other reason. The rent payable under this Lease Agreement will be abated during the time Tenant is not in possession, and such abatement shall be considered by Tenant as full settlement of any damages caused by a delay in possession. Such delay in commencement of possession shall not cause the term of this Lease Agreement to be extended, nor shall such a delay cause this Lease Agreement to become void or voidable, except that if such a delay in the commencement of Tenant's possession should extend for a period beyond ten (10) days, this Lease Agreement is terminated, and all security deposits and funds paid hereunder shall be returned in full. 5. TENANT RULES AND REGULATIONS. Tenant agrees to abide by the following rules: A. No signs, advertisements, or notices shall be painted or affixed upon any part of the demised premises, outside or inside, nor shall any article be suspended outside the building. B. No noisy or disorderly conduct nor conduct unreasonably annoying or disturbing to adjoining neighbors shall be permitted. The playing of musical instruments, or operation of television set, radio or phonograph in the demised premises in such a manner as to be clearly audible in premises other than the demised premises, shall not be permitted. C. Tenant shall not have any pets on or about the demised premises unless the same is approved in writing by the Landlord. If Landlord grants its consent for Tenant to have pets. Tenant specifically agrees that the pets shall be housed at the demised premises at the sole risk of the Tenant; and the Landlord, to the fullest extent permitted by law, disclaims any and all liability related thereto. Tenant shall defend and hold Landlord (including Landlord agents, successors and assigns) harmless from and against any and all liabilities, claims, damages, expenses, and related costs with respect to any pets, including without limitation, damages to property or injury or death to any person. In addition, the Tenant is responsible for the general control of all pests. including without limitation, fleas, ticks, roaches, silverfish, ants, crickets and rodents. D. All garbage and refuse shall be disposed of on a regular basis at such collection pointLEASE AGREEMENT THIS LEASE AGREEMENT ("'Lease Agreeiner made day of 2013 by and between (bercinafter referred to as "Landlord") and (hereinafter referred to as "Tenant") WITNESSETH: That for and in consideration of the mutual covenants hereinafter contained, the Landlord does hereby lease to the Tenant, and the Tenant does hereby rent and lease from the Landlord, the house located at ("demised premises"), for a term of twelve (12) months, beginning on_ 2013 ("Commencement Date"), and ending on_ 2014 ("Termination Date"), subject to the following terms and conditions: 1. BENT. The rent to be paid by Tenant to Landlord for the demised premises shall be the sum of (s .00) for the complete 12 month term, rent to be made in equal monthly installments of DOLLARS (S _00) per month during the lease term, payable on the 1" day of each and every calendar month during the term of this Lease, with the first of such payments being made on_ 2013. Unless otherwise agreed to in writing by the Landlord and Tenant, and subject to the provisions set forth below, this Lease Agreement shall automatically terminate at 1 1:59PM on the Termination Date. Notwithstanding the foregoing, if Landlord does not provide the Tenant with written notice on or before the Termination Date that Landlord desires the Tenant to vacate the demised premises on the Termination Date, and the Tenant continues to occupy the demised premises after the Termination Date, then this Lease Agreement shall continue in full force and effect as a month to month lease, and the terms of this Lease Agreement shall continue to apply, with the monthly rent being as set forth above with a five percent (5%) increase, which shall be due and payable as of the first day following the Termination Date, and on the first day of the calendar month thereafter until this Lease is terminated as provided below. If this Lease become a month to month lease as provided above, then during such month to month tenancy either party can terminate this Lease by providing the other with written notice of such termination, in which case this Lease shall terminate on the last day of the calendar month following the calendar month in which the termination notice was received (i.c., termination notice received in June, would mean a termination date of July 31). 2. PAYMENT OF BENT All payment of rent shall be made by Tenant, without notice or demand, to Landlord by mail or personal delivery to the Landlord. No payment by Tenant of a lesser amount than the monthly rental shall be deemed other than a payment on account of the earliest rent due, nor is acceptance of a check or endorsement thereon to be deemed an accord and satisfaction, and Landlord may accept such payment or checks without prejudice to any of its available remedies. A service charge of FIFTY DOLLARS ($50.00) (or the maximum permitted by law) shall be automatically made for each instance in which a check is returned unpaid for anytent.blackboardcdn.com/609f3985bebSe/1179307?X-Blackboard-Expiration=167... e return it in "good condition" unless the premises is in fact in good condition when you receive it (i.c., it's a new apartment or house). Keep in mind that you are generally not responsible to pay for normal wear and tear of the premises - so if you rent an apartment for a few years and move out and the carpet is worn, you generally do not have to pay for new carpet - the landlord may try to keep your security deposit, but you should object to this and advise the landlord that such is a normal wear and tear item that you are not responsible for! The law in most states recognizes wear and tear as a landlord responsibility. b. Clearly documenting the condition of the property when you move in will help you get your security deposit back at the end of the term. 8. Smoke Detectors - Carbon Monoxide Detectors - THIS CAN SAVE YOUR LIFE! Maryland law generally requires your premises to have working smoke detectors - but you should always check and confirm that they actually work - the smoke detectors are often overlooked and house fires are more common than you think. Having a working smoke detector can save your life if there is a fire - just google how many people die each year in house fires - most of them will say that the people died b/c the property did not have working smoke detectors! Also, if the premises does not have a carbon monoxide detector, you should purchase one from Home Depot or Lowes - they are about $20 and can be plugged into the wall - carbon monoxide is the silent killer and if you are renting an older house with gas heat, you should make sure you have one in your room! 9. Get Renters Insurance - its cheaper than you think and can be a big help if your property is damaged or if something is stolen . . . 10. Check State Law - Maryland, like many other states, have passed a number of laws to protect residential tenants - you can find these laws through a Google search - just make sure you get the information from the State's Website and not a "'knockoff site so that you get correct information! The following list contains some of the major issues you should look for in your lease - make sure you READ THE LEASE before you sign it! Also, do not be afraid to ask for changes leases are negotiable - and you would be surprised how willing some landlords are to change the lease if your requests are reasonable and made in a professional manner. OLDONX tent.blackboardcdn.com/609f3985beb5e/1179307?X-Blackboard-Expiration=167... @ 13 + Tenant's Residential Lease Checklist The following are some of the major issues you should look for and address before you sign a residential lease: 1. Landlord Identification - Make sure the landlord's name and contact information is in the lease - the law requires the lease to specify where to pay rent, but you should make sure you have the landlord's or property manager's cell number. 2. Tenant Identification - Make sure all the individuals who are going to occupy the premises and pay rent are listed on the lease as a "tenant" AND sign the lease. If you and your friend are renting an apartment and only you sign the lease, then you are 100% liable for the rent and any damage to the property. Your friend can "walk" and leave you "holding the bag." 3. Term of Lease - Make sure the term of the lease is clearly stated - it should have a commencement date (start date) and a termination date (end date) clearly identified. a. Lease Renewal - You may also want to request an option to renew the term of the lease so at the end of the initial term, you can extend for another specified period of time (i.c., generally another year). This will ensure you can stay in the premises for more than the initial term if you want too - it gives you the option to stay. 4. Rent - make sure the amount of rent is clearly stated -AND- make sure you understand what is included in the rent: a. Additional Rent - Sometimes landlords will charge "additional rent" in the form of having you pay for a share of real estate taxes, insurance, trash collection, or other amounts. Read the lease so you know what you are responsible for. 5. Utilities - a. Make sure you understand who is responsible for utilities - electric, gas, cable, trash collection are all services you will likely need. b. If the landlord advises you trash collection and cable are part of your rent, then make sure that is clearly stated in the lease. Remember the parole evidence rule and Statute of Frauds - if its not in the written lease and just a verbal promise. there is nothing you can do! In some limited cases, electricity and gas are included in the rent, but most likely you will have to pay for these utilities and possibly get these utility accounts in OLDC N W179307 X 141 os.content.blackboardcdn.com/609f3985beb5e/1179307?X-Blackboard-Expiration=167... @ + your own name - you may also have to make a deposit with the electric company - so call them and find out before you sign the lease. Utility deposits are one of those hidden costs that you don't discover until its too late and they can be very costly!! d. Make sure you ask the landlord about the average cost of utilities each month - older houses w/ pour insulation can be expensive - in these cases, if you are responsible for heating, during the winter months you could get bills for heating that are more than your monthly rent - so make sure you know the "true" cost of renting the premises - the rent may be cheap, but it could cost you extra money to heat the premises in the winter. 6. Maintenance Responsibilities: Appliances - make sure you read the lease carefully on maintenance responsibility for appliances - you as the tenant should only be responsible for normal maintenance (i.e., cleaning the oven, refrigerator, etc.) and you should never be responsible for the repair or replacement of any appliance unless your negligence or misuse of the appliance created the need for the repair/replacement. Read the lease, and make sure the landlord is responsible for all repairs/replacement of the appliances - keep in mind when you move in the appliances may be old and be on the brink of a break down - you do not want to move in and then get hit with having to replace a refrigerator or washer and dryer! b. Heating and Air Conditioning (HVAC) - just like appliances, you should make sure you as the tenant are only responsible for normal maintenance of the HVAC system (i.c., changing the filters, etc.) and you should never be responsible for repair or replacement of the HVAC system unless your negligence or misuse created the need for the repair/replacement. 7. Property Condition - you should document the condition of the property when you take occupancy - this is called a "walk-through" and you should do this with the landlord present. Take pictures, and memorialize any stains on carpet, scratches on walls. broken windows, doors, etc. You can obtain a "property condition checklist" from the internet and use that to guide you through the walkthrough. Remember that at the end of the lease term, you are responsible for returning the premises back to the landlord in the same condition received, excepting any normal wear and tear. a. As it relates to giving possession back to the landlord at the end of the lease term, you should make sure the lease states that you will return it in the same condition received, excepting normal wear and tear the lease should not state that you will OLDO WStep by Step Solution
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